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In re Ivan V.

Appellate Division of the Supreme Court of New York, First Department
Nov 24, 1970
35 A.D.2d 806 (N.Y. App. Div. 1970)

Opinion

November 24, 1970


Order of disposition and determination of delinquency of the Family Court, Bronx County, entered on January 6, 1970, unanimously reversed, on the law, and the petition dismissed. In Matter of Winship ( 397 U.S. 358) the Supreme Court of the United States held that subdivision (b) of section 744 FCT of the Family Court Act was unconstitutional and that a finding of guilt in a delinquency proceeding must rest upon proof beyond a reasonable doubt. This is a constitutional right. The findings of the Family Court Judge in the instant proceeding were based upon the then prevailing preponderance of evidence standard rather than the reasonable doubt rule, as urged by appellant's counsel in that court. "Reviewing the adjudication of juvenile delinquency in the light of the law as it presently exists ( People v. Loria, 10 N.Y.2d 368, 371), the order is reversed and the petition dismissed". ( Matter of Arthur M., 34 A.D.2d 761.) Winship ( supra) should be retroactively applied to all cases still in the appellate process. (See Matter of Richard S., 27 N.Y.2d 802, dismissing proceeding pursuant to remand from United States Supreme Court in the light of Winship, supra.)

Concur — Eager, J.P., Capozzoli, McGivern and Tilzer, JJ.


Summaries of

In re Ivan V.

Appellate Division of the Supreme Court of New York, First Department
Nov 24, 1970
35 A.D.2d 806 (N.Y. App. Div. 1970)
Case details for

In re Ivan V.

Case Details

Full title:In the Matter of IVAN V., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 24, 1970

Citations

35 A.D.2d 806 (N.Y. App. Div. 1970)

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